The consequence of a retrial order or a de novo trial is that the whole case must be retried as if no trial whatsoever had been…

The real test for determining finality is: Does the judgment or order finally dispose of the rights of the parties? If it does, it is final;…

The Supreme Court will not interfere with concurrent findings of the lower courts on issues of fact except where there is established a miscarriage of justice,…

A court does not award what is not sought or claimed by a party.

Failure to raise the defence of accident instantly until much later in a written statement shows that what was raised is not a genuine defence of…

The prosecution bears the burden of disproving the defence of accidental discharge being claimed by the appellant.

Where an accused rests his case on that of the prosecution, the implication is that he accepts that the evidence against him is exactly as stated…

A person who discharges a firearm unintentionally and without criminal malice or negligence is exempt from criminal responsibility. For an event to qualify as an accident,…

The court below was justified in holding that the trial court's decision of 12th June 1996 operated as an estoppel to bar the appellants from making…

Special damages are such as the law will not infer from the nature of the act. They do not follow in the ordinary course. They are…

Loss of profit is a specie of special damages that must be specifically pleaded and strictly proved by evidence of particular losses that are known and…

Where the main claim of a party succeeds and is granted, there is no need to consider any alternative claim. Where the main claim is abandoned,…